CONVEYANCE PODCAST – EPISODE 9

Welcome back to The Conveyance Desk.

In Episode 8, we covered overseas parties.
And the role of power of attorney.

Today is Episode 9.
And this one is about joint ownership.
Multiple buyers.
Multiple sellers.
And how that changes the process.

Quick reminder.
This is general educational content.
Not legal advice.
Every transfer has variables.
Developer rules.
Financing terms.
Authority requirements.
So use this as a guide.
Then validate your own case.

Here is the framing.
Most Dubai property transactions involve a single buyer and a single seller.
But many involve more than one party on at least one side.

Spouses buying together.
Business partners.
Family members.
Inherited properties with multiple heirs.
Companies and individuals jointly named on title.

Joint ownership is not difficult.
But it adds requirements.
And those requirements need to be addressed early.

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1) The basic principle

A property in Dubai can be owned by more than one party.
Each owner is named on the title deed.
Each owner has a defined share.
And every owner must consent to a sale or transfer.

That last point is the one that matters most.
There is no majority rule for selling jointly owned property.
All owners must agree.
All owners must sign.
Or all owners must be properly represented.

One missing owner stops the transfer.
There is no workaround for missing consent.

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2) Defined shares

When property is jointly owned, the shares are usually defined as percentages.
Fifty fifty for a couple.
Equal thirds for three siblings.
Custom percentages where parties contributed unequal amounts.

The title deed shows these shares.
And the shares matter when the property is sold, gifted, or inherited.

So the first thing to confirm in any joint ownership case is.
What does the title deed say.
Not what the parties believe.
What the document says.

People remember things differently over time.
The title deed does not.
It is the record of truth.

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3) Joint sellers, all required

When jointly owned property is sold, every named owner is a seller.
That means every named owner must:

Sign the sale and purchase agreement.
Authorise the trustee appointment.
Be present at the trustee, or be represented by a valid POA.
Receive their share of the proceeds.

If even one owner is missing or unrepresented, the transfer cannot proceed.

This is where things get complicated when one owner is overseas.
Or when one owner is uncooperative.
Or when one owner is deceased and the estate has not been settled.

Each of these scenarios has its own resolution path.
None of them is fast.
All of them need to start early.

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4) The deceased co-owner case

This case comes up regularly.
A property is jointly owned.
One owner passes away.
The surviving owner wants to sell.

The surviving owner cannot sell the deceased owner’s share.
Even if the surviving owner is the spouse.
Even if there is a will.
The deceased owner’s share must first pass through inheritance procedures.

In the UAE, this typically means a court order or a recognised will being processed through the relevant authority.
The deceased’s share is then transferred to the heirs.
And only then can the property be sold.

This is its own process.
With its own timeline.
And it cannot be skipped.

The mistake we see.
Surviving owners assume they can list the property and deal with inheritance later.
That is not how it works.
The inheritance process must complete first.
Then the sale can proceed.

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5) The uncooperative co-owner

Another common case.
Two owners.
One wants to sell.
One does not.

There is no quick resolution to this.
The party who wants to sell cannot force the sale.
The options are:

Negotiate a buyout, where one owner buys the other’s share.
Sell only one share to a third party, which the other owner may not welcome.
Or in some cases, pursue a court ordered partition.

These are not conveyancing matters.
They are legal disputes.
And they need legal counsel before any conveyancing work can begin.

A conveyancer cannot resolve a partner dispute.
A conveyancer can only execute a transfer once the dispute is resolved.

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6) Joint buyers

The buyer side of joint ownership is simpler but still has requirements.

Multiple buyers must agree on the percentage shares before the trustee.
The shares should reflect actual capital contribution if possible.
Each buyer needs to be present or represented at the trustee.
And if any buyer is taking a mortgage, the mortgage must be structured to accommodate joint ownership.

Some banks will only mortgage to a single named borrower.
Some banks will mortgage to joint borrowers but require both to be on the title.
Some banks will allow one borrower with the other on title as a co-owner without liability.

These are bank specific.
And they should be confirmed before the SPA is signed.

The mistake.
Buyers assume the bank will accommodate whatever ownership structure they want.
The bank does not.
The bank has its own rules.
And those rules constrain the ownership structure.

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7) Spousal joint ownership

A common case is a married couple buying together.
This is usually straightforward.
Both spouses are on title.
Both contribute.
Both sign.

But there is one nuance worth flagging.
Some buyers ask whether the property should be in one name only for simplicity.
That is a personal decision.
But it has consequences.

If the property is in one spouse’s name only, the other spouse has no legal ownership.
That matters in inheritance.
That matters in divorce.
That matters if the named spouse becomes incapacitated.

So single name ownership is simpler at purchase.
But it can be more complicated later.
This is a decision that deserves thought before the trustee.
Not after.

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8) Companies and mixed ownership

Some properties are owned by a mix of individuals and companies.
A company and an individual jointly named on title is permitted.
But it adds requirements.

The company side needs corporate documents.
Trade licence.
Memorandum of association.
Board resolution authorising the sale or purchase.
Authorised signatory documents.

If any of these is out of date, the transfer is held up.
So companies selling property should refresh their corporate documents before listing.
Not after a buyer has been found.

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9) Closing

Joint ownership is common.
And it is not a problem.
But it adds requirements.

The discipline is to identify the joint ownership structure early.
Confirm every owner’s identity, status, and capacity.
Plan for any owner who cannot attend.
And resolve any inheritance or dispute issues before the conveyancing starts.

A clean joint ownership transfer is no slower than a single owner transfer.
But a messy joint ownership case can stall indefinitely.

In the next episode, we will cover the closing day itself.
What actually happens at the trustee.
The order of events.
And what each party should bring and expect.

That’s all for today.
This was The Conveyance Desk.